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State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....tives. In this case there is total absence to indicate that prior to the occurrence anything had happened to arouse a desire for vengeance against the victims by any of these groups. Further there is complete absence of proof of any association much, less of indications of conspiracy between the div......7. ......, the so‑called confessional statement cannot be admitted or considered by this Court. It is reported in the case of Kashmira Singh Vs. State of Madhya Pradesh, reported in AIR 1952 SC 159. "The proper way to approach a case of this kind is, first to marshall the evidence against the accused ex...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..Category: Criminal Law | Date: | Hits: 104
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ich is done or believed without due care and attention". In the instant case, the learned Sub-Divisional Magistrate in taking cognizance of the case under the Code of Criminal Procedure acted in complete ignorance of the law. The question of good faith has, therefore, no relevancy here and se......med Sultan son of late Miajan Mollah………………Opposite Parties Judgment August 20, 1982. Result: The Rule is made absolute. Lawyers Involved: B.N. Chowdhury with Parimal Chandra Guha and Arun Kumar Bhattacharjee - For the Petitioner. Shah Mohammed Sharif with Nizamul H......legal. Item 3 of Part 1 of Schedule to the Village Courts Ordinance, 1976 as amended by the Village Courts Ordinance, 1979, runs at follows: "3. Section 379 of the Penal Code when the value of the property involved does not exceed five thousand Taka". Admittedly, the complainant claimed that ......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ...... order and submits that die plaintiff‑opposite‑party is litigating since 1965 and the matter being dragged since then on this plea or that plea and in that view of the matter it would be just and proper if a direction is given to the trial Court to dispose of the suit within 6 months from the da......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ..Category: Procedural Law | Date: | Hits: 118
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568....... San Win, ILR 10 Rang 312=AIR 1932 Rang 146=33 Cri LJ 701. Queen-Empress Vs. Prag Dat, (1898) ILR 20 All 459; Queen-Empress Vs. Bibhuti Bhusan, (1890) ILR 17 Cal 485; Deputy Legal Remembrancer. Bihar and Orissa Vs. Matukdhari Singh, 20 Cal WN 128=AIR 1917 Cal 687=17 Cri LJ 9; In re Sinnu Goundan, IL......able doubt. Law is well settled that upon an appeal from acquittal appellate Court is not entitled to interfere with the decision of trial Court on facts unless it has acted perversely or otherwise improperly or the verdict suffered from legal infirmity and went against weight of evidence and materi......ing his decision and did not at all care to give any weight to truthful evidence of complainant-appellant and complainant witness Nos.3 and 4. 33. Complainant-appellant felt resentful of the above adjudication and carried this appeal before is Court. 34. In resolving the debate mooted, a thumb..Category: Family Law | Date: | Hits: 165
....t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
...... Court Division Judgement here.
Supreme Court
Appellate Division
(Civil)
Present:
Mohammad Fazlul Karim J
Md. Tafazzul Islam J
Md. Joynul Abedin J
Board of Intermediate and Secondary Education, Comilla and others.......Petitioners
Vs.
Md. Shafiqul Islam………......ial papers but he was then given only the copy of the inquiry report and was directed to give reply to the second show cause notice within twenty four hours which was not at all sufficient for giving proper reply; then on 5.6.96 the Chairman of petitioner No. 1, on the basis of the inquiry report, d......t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
..
Category: Labour and Industrial Law | Date: | Hits: 832
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......te. Criminal Appeal No.29 of 1987 (Barisal) Criminal Appeal No.943 of 1991(Dhaka). Judgment Badrul Islam Chowdhury J.- This Criminal Appeal is directed against the Judgment of conviction and sentence passed by Mr. Aktaruzzaman Bhuiya, Assistant Sessions Judge, Bhola in Special Case No.7......d at Taka 18,302.00, spare parts worth 24,301.70 and empty barrels worth Taka 90818037.00 by putting the same in his own use in breach of trust. Thus, he has committed breach of trust with respect to property worth Taka 61,319,07.00. 3. Allegation in writing to the above effect was made by the As......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..Category: Criminal Law | Date: | Hits: 95
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....ther side. Ultimately Courts exits for the purpose of doing justice between the parties and not for punishing them, and they are empowered to grant amendments in the larger interest of doing full and complete justice to the parties. Provisions for the amendment of pleadings are intended for promotin......ner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appellant. Md.......g for recovery of Taka 39,49,957.00 as on 31.05.2000 and further prayed a decree of interest as 18% till realization of the claimed amount and also prayed for a final decree for selling the Mortgaged property described in the schedule to the plaint, on failure to realize the decretal amount. 3. T......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....he opposite party on 12.1.1997. The opposite party submitted bank guarantee for Tk.1,38,384/00 and duly affixed his signature on the contract. It was stipulated in the contract that the work would be completed within four months from the date of issuance of the work order. The opposite party witness...... (HC) 249; Anjuman I Ahmadiya Ashait-1 Islam Lahore Vs. Ghulam ahmed, DLR (Lah) 98; Intertrade Ltd. Vs. Trading Corporation of Pakistan Ltd., PLD 1976 Kar 496; Chief Engineer Pak PWD Karachi Vs. Sami and Co. and others, 22 DLR (DHAKA) 702; Scott Vs. Avery (1855) 5 HLC 811; Md. Akbar Vs. Md. Aslam, 2......rk order some seven months and twenty days after the receipt of communication from the opposite party and deviated from its earlier verbal promise of enhancing the cost for the work. The petitioner improperly enhanced the bank guarantee without giving the opposite party any opportunity to show cause......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......n (Special Original Jurisdiction) Present: Md. Abdul Matin J ATM Fazle Kabir J Md. Aminul Haque Helal…………………………Petitioner Vs. Mr. Justice Sultan Hossain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The......man Commission" by the respondent No.1 should not be declared to be without lawful authority and of no legal effect and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The case of the petitioner, in short, is that the petitioner is an Advocate of the Sup......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..Category: Constitutional Law | Date: | Hits: 228
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578.......(Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Dhaka Leather Complex Ltd. BCIC...........................Appellant Vs. Sikder Construction Ltd. and another.....................Opposite-Parties Judgment August 18, 2003. Result: The A......he proceeding. It was so found by the court. The court held no error of misconduct was committed. Nobody was deprived of his right to defend beyond the law and/or rules. The award appeared to be made property. It was prepared on 15‑10‑1996. 13. Further, we find on 19‑8‑1999 the defendant ......itration clause in the contract. But the learned Arbitrators could not agree and filed separate awards on 29-6-1996. Whereupon, both the parties agreed and referred the dispute to an umpire for final adjudication. The umpire made the award on 15-10-1996. 4. Pursuant to the notice, the defendant a..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....Corporation is blowing hot and cold at the same time which shows its mala fide intention to the petitioner. The proposed Mega Project of Motel Shaikat of about taka 100 crore is yet to be started and completed. So, the Project is alive and it is surprising to see that the petitioner, the Project Dir......Bhuiyan, 43 DLR (AD) 154; Workers of Bata Shoe Co. represented by Bata Mazdoor League (Regd), Lah Vs. Bata Shoe Co. Ltd. Batapur Lahore 23 DLR (SC), 60; Md. Motiar Rahman Vs. Government of Bangladesh and others being Writ Petition No.4540 of 2000; Secretary, Bangladesh Jute Mills Corporation Vs. SAH......“held liable by the report of the inquiry committee dated 2.2.2006 for vandalism of the then Prime Minister, Begum Khaleda Zia.” The allegation of the petitioner that he was not terminated by the proper authority is not correct, the Corporation pursuant to the decision of the Board Meeting dated...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 156
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......M Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazniun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and others ……………......Petitioners Vs. Abdul Quader Mollah and another …………...... his rights available under the Jail Code cannot be denied. The classification of under trial prisoners as per Bengal Jail Code will be done by authorities mentioned in the rule. The respondents made proper prayers to the authorities ex-closing evidence in support of their claim. The respondents hav......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240...Category: Criminal Law | Date: | Hits: 95
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... others....................Opposite Parties Judgment July 31, 1995. Result: The Rule is discharged. Cases Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Mumary Devi and others Vs. Siva Prosad Singh, 42 CLJ 280; Moulavi Abdul Mannan Vs. Md. Rafiqul Islam and others,......our of defendant No.2. The case of the plaintiffs in the suit was that the solenama upon which the said Title Suit No.561 of 1976 was decreed was a forged solenama and the decree was obtained without proper notice on some of the defendants. Signature on the solenama were not that of the defendants. ...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..Category: Civil Law | Date: | Hits: 130
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......istant Attorney‑General ‑ For the State. Criminal Appeal No.2016 of 1991. Judgment Qazi Shariuddin J.- Accused Abdur Razzak @ Geda stood trial before the learned Assistant Sessions Judge and Special Tribunal Sylhet who found him guilty of the offence under section 395 of the Penal Code ......en made. Although there appears a charge to have been framed by the learned judge just before the delivery of the Judgment but by this framing of charge it cannot be said that the accused had secured proper opportunity of meeting the charge in defending himself or themselves. In fact, trial was over......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457...Category: Criminal Law | Date: | Hits: 144
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......epresented-For Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 355 of 2005. Judgment Mohammad Fazlul Karim J. - This Civil Petition for Leave to Appeal arose out of the judgment and decree dated 09.02.2005 passed by the High Court Division in Civil Revision No. 1621 of 1996 mak......ass Suit No.299 of 1985 decreeing the suit. 2. The plaintiff-respondent No.1 filed the suit for declaration of the cancellation of the plaintiff's permanent settlement dated 03.10.1984 in the suit property by the Additional Deputy Commissioner (Revenue), Naogaon and the subsequent order passed by......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ..Category: Property Law | Date: | Hits: 116
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....9. Thereupon the plaintiff opposite party paid Tk. 10,000/- to an Advocate towards the costs for obtaining income tax clearance certificate and performing other formalities and after everything was completed demands and notices were made and issued but the defendants did not execute the kabalas. ...... High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Amin-ur-Rahman Khan J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice an...... are also legally bound by the aforesaid contract of the defendant No.1 and are consequently bound to join with defendant No.1 in the execution and registration of the necessary sale deed of the suit property in favour of the plaintiff and the plaintiff is legally entitled to enforce the said contra......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61...Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ...... High Court Division (Civil Appellate Jurisdiction) Present: Chowdhury ATM Masud J Md. Altaf Hosain J Matira Bewa & others…………………Appellants Vs. Sree Sudhir Chandra Saha & others…………………Respondents Judgment February 10, 1982. Result......tage of his own wrong). In the circumstances of the present case, it is clear that the plaintiffs in trying to undo the transaction of lease evidenced by the impugned kabulyat and to get back their property are attempting to take advantage of their own fraud. We find no reason why the principle of......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ..Category: Property Law | Date: | Hits: 146
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82........ None represented-For Respondent. Criminal Petition for Leave to Appeal No.106 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving d......them to justice. The High Court Division further held that the seal of the Court as contained in the forged certified copies were also forged. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega...... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82...Category: Criminal Law | Date: | Hits: 146
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Suratunnessa and others……………………………….....Appellants Vs. Nurjahab Bibi and others…......bmitted that the High Court Division has erred in law in not reversing the decision of the appellate Court when the appellate Court has not rebutted the findings of the trial Court which was based on proper assessment of evidence. 10. He further contented that the learned Judge of the High Court ......ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ..Category: Property Law | Date: | Hits: 84
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......reme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Mahatab Hossain (Md)…………….Petitioner Vs. Upazila Nirbahi Officer and others……………..Respondents Judgment May 4, 2006. Lawyers involved: Md. Mazi......rvice of charge-sheet as contemplated under Rule 58(8) of the Upazila Parishad Karmachari Chakuri Bidhimala, 1989 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner being a citizen of Bangladesh was appointed "জীপ গাড়......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..Category: Employment/Service Law | Date: | Hits: 180
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